S MOHINDER SINGH SALUJA Vs. VANSON SHOES

JUDGEMENT

(1.) The petitioner, S. Mohinder Singh Saluja is the owner/landlord of the property No. 6/6 W.E.A. Karol Bagh, New Delhi. M/s. Vanson Shoes, a registered partnership firm, to start with, was the tenant of the part of the ground floor of the said premises but in the year 1971, they become the tenant of the whole of the ground floor, including the mezzanine floor at a consolidated rent of Rs. 435.00 per mensem. Subsequently <PG>120</PG> the rent was increased to Rs. 515.00 including the water charges. The rent has since been paid to the landlo rd till the filing of the present complaint under Section 200 of the Code of Criminal Procedure.

(2.) The case set up by the tenant in brief is that at the time of the creation of the tenancy, it was agreed between the parties that the respondent- landlord will carry out the white wash and minor repairs of the tenancy premises. In spite of the repeated requests and reminders, the landlord failed to get the premises in good shape as per the terms of the rent note. Aggrieved from the behaviour of the landlord, the tenants got 'a notice dated 15/7/83 served on him through their counsel. In reply dated 21/10/83, the landlord while denying the averments also made the following allegations against the mplainant-tenant:-

(3.) The imputation now made by the accused-landlord is after 3 years of the incident when the accused had no occasion for the same except to defame and coerce the complainant to agree to the increase of rent .of the premises. These very defamatory allegations have been again repeated in the reply sent by the Counsel on behalf of the landlord on 16-9-83. The said reply has been read by the staff and employees of the complainant, which has lowered their reputation and image in the eye of the employees and other persons.